Notes to the Reportable Short Position Form

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Ashlee Bryan
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1 Notes to the Reportable Short Position Form 1. The Reportable Short Position Form (the Form) to be submitted to the Securities and Futures Commission (the Commission) pursuant to Rule 4(2) or 4(4) of the Securities and Futures (Short Position Reporting) Rules (L.N. 48 of 2012) (the Rules) must be completed in accordance with the directions and instructions set out in these Notes. A copy of the Form is attached at Appendix I for reference. 2. Unless otherwise specified, the words and phrases used in these Notes have the meanings given by the Rules or the Securities and Futures Ordinance (Cap. 571) (the SFO), as appropriate. Registration 3. Pursuant to section 402 of the SFO, the Commission has specified the Form published on the Short Position Reporting Service (the SPR Service) shall be used for submission under Rule 4(2) or 4(4) of the Rules. 4. The SPR Service is the online communication system designated by the Commission under Rule 5 of the Rules. It is available on the SFC Online Services Portal (the Portal) which can be accessed through SFC s website ( 5. Prior to first time reporting, a person who has the duty to notify the Commission of his reportable short position under the Rules must register with the SPR Service. Upon successful registration, a unique identifier code, the Short Position Reporting ID (SPRID) will be assigned to the person. As explained below, this SPRID must be cited when this person submits a Form in relation to his reportable short position. If any of the particulars provided at registration changes, the person must update the particulars by re-registering to obtain a new SPRID before submitting a Form. The newly assigned SPRID will have to be cited on the Form in place of the old one in future reporting. 6. If a person who has the duty to notify the Commission of his reportable short position under the Rules appoints an agent to submit the Form on his behalf, his Page 1

2 agent must also register and obtain a SPRID. Likewise, the agent must quote his SPRID when he submits a Form for his principal. 7. In cases of partners in a partnership who have a reportable short position, the person or a partner who is authorised by all those partners (the authorised person) to submit a Form on behalf of all the partners will have to register to obtain a SPRID in the name of the partnership. At registration, the authorised person will be required to provide, by uploading onto the registration webpage, the particulars of all the partners in the partnership in the prescribed format shown below. Please refer to the Short Position Reporting Service User Guide published on SFC s website for details. Name of Partnership: Partner 1. Partner N (Fields marked with * are mandatory) Name* Identification Document Type* Identification Number* Registered Office / Correspondence address* Postal Code Country / Region* Nature of Business* Corporate Website Primary Contact Person - Name* - Address* - Contact No.* - Fax No. Secondary Contact Person - Name - Address - Contact No. - Fax No. Remarks Page 2

3 Completing Reportable Short Position Form Please refer to the Form at Appendix I for the box number reference. 8. Box 1 - SPRID of the person submitting the Form Box 1 asks for the SPRID of the person submitting the Form. If the person who has the reportable short position is submitting the Form, he has to provide his SPRID in Box 1. On the other hand, if an agent has been appointed to carry out the submission, then the agent has to cite his SPRID in Box Box 2 - name of the person submitting the Form This refers to the name of the person who has been assigned the SPRID in Box 1. In order to proceed with the submission, the name provided in Box 2 must be identical to that provided at registration to obtain the SPRID in Box Box 3-13 information of contact person Information of an additional contact person (other than the contact person(s) specified at registration) may be provided to answer any queries on the Form. Alternatively, Box 3 is to be checked if the same contact person(s) specified at registration is to fulfil this role. 11. Box 14 date of reporting day For weekly reporting under Rule 4(2), the date of the reporting day will automatically appear; however, as soon as the reporting deadline for that particular reporting day has passed, the date of that reporting day will be moved to box 15 late submission. On the other hand, when daily reporting is required under Rule 4(4), the dates of the current reporting day and the last preceding reporting day will be displayed for selection. Page 3

4 12. Box 15 and 16 late submission In cases of late submissions after a reporting deadline for a particular reporting day, Box 15 must be checked to select the date of the relevant reporting day. The reason(s) for failing to submit the Form in accordance with Rule 4(2) or 4(4), whichever is applicable, may be provided in Box Box 16 - remarks Apart from late submission cases, other information which the person submitting the Form considers may be useful to the SFC in relation to the Form or the reportable short position may be provided in Box Box 17 reportable short position particulars The reportable short position particulars, provided in the format as prescribed in paragraphs 15 and 16 below, must be uploaded onto Box 17. Page 4

5 Template for Reportable Short Position Particulars 15. The SPRID of the person who has the reportable short position in the specified shares, the particulars of the net short position value and the number of shares comprised in the reportable short position and the name and stock code of the specified shares comprised in the reportable short position must be provided in the template form as shown below. The template must be in Comma Separated Value (CSV) format. Some important features of the template to note: o the first row of the template must be column headers, as shown; and o there should be no comma or any sign inserted in completing the last two columns (i.e. the Reportable short position (No. of shares) column and the Net short position value column). This refers to the Short Position Reporting ID (SPRID) of the person who has the reportable short position. This is the name of the person who holds the SPRID stated in the first column. It should be the name of the person who has the reportable short position. The name cited must be identical to that provided to the SFC to obtain the SPRID stated in the first column. Short Position Name Stock code of Stock name of the Reportable short Net short Reporting ID the specified specified shares position (No. of position value shares shares) G3VA8F69MT ABC Ltd 5 HSBC HOLDINGS G3VA8F69MT ABC Ltd 1 CHEUNG KONG G3VA8F69MT ABC Ltd 941 CHINA MOBILE No leading zero is required for the stock code. The name and stock code of the specified shares in CSV format is available for downloading on SFC s website. It refers to the number of the specified shares comprised in the person s reportable short position. It refers to the net short position value of the person s reportable short position in Hong Kong Dollar. Up to 3 decimal places is allowed. Page 5

6 16. It is important to note that the name of the CSV file that contains the reportable short position particulars, which is to be uploaded onto Box 17 as mentioned in paragraph 14, must start with the date of the reporting day in yyyymmdd format and end with csv. For example, a CSV file in relation to the reportable short position of ABC Ltd as at reporting day 16 March 2012 may be named as: ABC.csv this is mandatory and it is the date of the relevant reporting day in the yyyymmdd format. ABC - there is no prescribed format for this; the person may decide how he would like to name this part. csv - this is mandatory. Page 6

7 Appendix I Page 7

Guide to setting up pay periods

Guide to setting up pay periods PM00104.0416/2 Within this document you will find instructions for creating new pay periods and amending existing pay periods including week 53. We have used the 2015/2016